■ Host: anchor Lee Se-na, anchor Na Kyung-chul
■ Starring: lawyer Park Sung-bae, lawyer Yang Ji-min
* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 2PM] when quoting.
[Anchor]
We will continue to bring lawyer Yang Ji-min and lawyer Park Sung-bae to point out legal issues. Lawyer Park, in line with the purpose of Article 84 of the Constitution, which states that if an investigative agency commits a rebellion or foreign exchange crime, it can be criminally prosecuted, and if the investigative agency obtains a warrant from the court and executes it, the security agency should respond. What do you think about this?
[Park Sung-bae]
Once this issue has been completed to some extent, some amendments to the Security Service Act are likely to be made. As the attempt against the incumbent president itself is unprecedented, the security service is also scrambling about what to do, and the investigative agency, including the Senior Civil Servant Corruption Investigations Unit, is not swayed much by the will to execute arrest warrants.Ma also appeared to be scrambling over how to penetrate when the security guard blocked him. In fact, it is difficult to say that the security protocol against the incumbent president and the execution of arrest warrants do not necessarily conflict.
However, since there is no precedent, there is a lot of controversy over how to harmonize the two positions. In order to avoid such controversy, if an arrest warrant is executed on criminal charges that can be investigated against the incumbent president, it is highly likely that the law will be revised to maintain security and protocol while accepting the execution of arrest warrants.
[Anchor]
Looking back on the situations that took place after 8 this morning, I didn't block the entrance to the main gate. Of course, there was a process of talking in front of it, but the main gate was a little open. So, I think some people thought that investigators and police personnel were successful in entering the official residence, but that this door was opened, in fact, that it would be really executed today. Did he worry about the possibility of being punished for obstructing the execution of public affairs if he didn't open this door? Why did you open this door?
[Yang Jimin]
First of all, there was a mention of the scope of security managed by the security service. However, rather than setting the range of security, it seems that the area where the security service should focus on protecting the area may have been specified as the official residence and the vicinity of the official residence. In fact, entering the entrance to the official residence is divided into roles such as military and water defense, and accordingly, the security agency may have actually blocked the front with the task of protecting the official residence and the super-close area. Therefore, in the case of the first gateway and the second cordon, which can be regarded as a region, it seems that people were allowed to enter for now.
Because it's a manpower who gets a legitimate warrant and comes in for execution. That is why, as you mentioned, the first door was not allowed without any basis, it could be considered that this does not cooperate at all, but rather interferes with the execution of public affairs. Therefore, to reduce such controversy, the first and second inquiries were opened, but the entrance to the official residence, where President Yoon Suk Yeol is actually staying, was blocked, creating a situation where the execution of the warrant could eventually be disallowed and failed.
[Anchor]
First of all, President Yoon's side is unconstitutional and illegal, and it is also illegal to execute it, so can you explain the legal basis for this argument?
[Park Sung-bae]
There are two main reasons why President Yoon argues that it is unconstitutional or illegal. First, the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate rebellion. The second is that the search warrant issued this time contains provisions for the exclusion of Articles 110 and 111 of the Criminal Procedure Act, and the judge specified some provisions for the exclusion of the law beyond the scope of its authority. Whether the Senior Civil Servant Corruption Investigations Unit is granted the right to investigate rebellion has been in various pain throughout the course of the case, and in light of President Yoon's position, it is expected to emerge as a major issue during the trial. The prosecution has the same problem. In fact, both the prosecution and the Senior Civil Servant Corruption Investigations Unit clearly have the right to investigate abuse of authority.Ma is a related case of abuse of authority, and there have been various controversies over whether the crime of rebellion can be included in the investigation.
However, if the prosecution requests an arrest warrant for former Defense Minister Kim Yong-hyun, who requested an arrest warrant for the first time in connection with the case, the court issues an arrest warrant but rather determines that the entire crime of abuse of authority and rebellion can be investigated as a case directly related to the right to investigate the crime of rebellion. Since it is clear that the prosecution has the right to investigate the police, it has only decided that the prosecution, which exercises the right to investigate the police, can investigate rebellion as a related case.
However, when the Senior Civil Servant Corruption Investigations Unit filed a claim against Moon Sang-ho's information power last time, the main issue was whether it could investigate the rebellion as a related case based entirely on abuse of authority, but the court issued an arrest warrant without making an explicit judgment at the time. It can be said that he issued an arrest warrant on the premise that he could investigate the crime of rebellion. In the process of issuing an arrest warrant this time, the court's judgment that the Senior Civil Servant Corruption Investigations Unit can investigate the abuse of authority, but the fact that the Senior Civil Servant Corruption Investigations Unit issued an arrest warrant is already there, as the Senior Civil Servant Corruption Investigations Unit can investigate the abuse of authority.
Now, it seems that it is difficult to reverse the investigation of other related parties because it is a situation where much of the investigation is ripe to judge that the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate rebellion. Perhaps there may be various controversies inside the court whether it is possible to investigate rebellion as a related case with only the authority to investigate abuse of authority, whether it is the prosecution or the Senior Civil Servant Corruption Investigations Unit.In light of the maturity of this case during the future trial, it can be said that it has reached a very difficult stage given the progress of the investigation.
[Anchor]
On the screen you just saw, you saw a lot of people coming out from the inside of the Hannam-dong residence, and it is presumed to be a police officer. So you could see him holding a camera for evidence. You saw a lot of people leaving the main building. Earlier, you saw about 30 investigators from the Senior Civil Servant Corruption Investigations Unit leave the mission first. You've also seen the investigators who have already arrived at the Senior Civil Servant Corruption Investigations Unit. The members of the National Police Agency just saw them coming out of the former mission.
[Anchor]
This is a breaking news from the Senior Civil Servant Corruption Investigations Unit. I will disclose it after reviewing whether it is attempted to re-execute. I expressed this position. It approached within 200 m of the official residence and was blocked by more than 10 vehicles. The Senior Civil Servant Corruption Investigations Unit explained the situations in this execution process, including nine employees of the security service.
Today, it was announced that there were about 100 executives. It was a situation where I couldn't go. Therefore, it is currently interpreted that it was not possible to continue the execution. Earlier, when the police personnel came down, there were also personnel who came down with evidence cameras. In addition, among the previous breaking news in the morning, there was a process of evidence against military troops or these personnel that interfered with the execution. Then, can I interpret it as meaning that I will also review whether to book this part?
[Jimin Yang]
According to the news delivered in the morning, there was news that although they collected evidence, they did not arrest them as current offenders or anything. First of all, in the process of executing the arrest warrant today, there seems to have been some kind of physical struggle. Even if Rep. Yoon Sang-hyun, who entered the residence, said, there seems to have been a physical conflict that pushed each other, so it is correct to say that the evidence was first collected to examine whether this could be a crime of obstruction of public affairs or obstruction of special public affairs. From the point of view of the Senior Civil Servant Corruption Investigations Unit, I thought there were about 100 people and estimated the number of executors, but when I actually entered, there were more than 200 military and security personnel, and they were blocking it by stacking multiple walls. Then, in reviewing whether to re-enforce the warrant in the future, more manpower will be added.
In other words, there is a possibility that there will be a bigger physical conflict in the execution of the warrant in the future, as situations in which we have no choice but to go to Gangdaegang continue to be created. Therefore, from the perspective of the Senior Civil Servant Corruption Investigations Unit, if you try to execute it prematurely, there are no situations or conditions that can be executed in terms of manpower, so it is inevitable to think about when to execute it again.
[Anchor]
There is something that President Yoon's representative said about the execution of the arrest warrant. Let's hear it and talk about it.
[Interview]
We will receive all the warrant examinations in court, and we will receive and disclose all the executions, whether it is an arrest warrant or an arrest warrant. What would you avoid if the president avoided it? You've come all the way here. You don't have to worry about that at all.
[Reporter]
What is your position on the National Assembly's impeachment? I wonder if you're going to reveal it on today's date.
[Bae Jin / Yoon's representative]
Today is the procedural and preparatory date, so we will fight fiercely on the procedural part. And as you know, in order for ordinary public officials to be dismissed, they thoroughly investigate evidence through administrative litigation. Isn't the president now the commander-in-chief of our country, who was elected by elections for four or five months to the extent that the country was turned upside down? He's the head of the company. However, even if a constitutional judge retires in a few months without proper investigation of evidence, we will not use the expression "baffling" without the evidence investigation we want.
But anyway, if it ends so quickly, it would be against common sense. The law is that common sense, logic, and rules of experience are applied like flesh on the bones.
You only need to do it on that basis. If the president did anything wrong, of course he should quit. But don't you think it's really wrong? Shouldn't you argue thoroughly as evidence? I think journalists will probably sympathize with that, and I dare to say this, but I think it started with the question of why our human history has come this far. Why? Why did the president do this when he could control the country peacefully if he remained silent? There's no media interested in why.
No matter why we try to express it, it's emergency, so leave. Since we're in the media like this, we also have a quarrel with the media. Please think about that. I think it's better not to use the expression "civil war." We're not on the same page. If you want to see whether it is unconstitutional or not, why do you start with why this procedure was carried out and then eventually the precedent doesn't say? It is said to judge whether it is a national constitution by looking at both the circumstances and the results.
It's not what I said here, so I won't comment further. I'm not trying to say this is justified or not. Justifiable or not is what the court does. What I'm talking about here is in the hope that the media will be interested in other areas as well.
[Reporter]
Are you going to continue to reject the arrest warrant?
[Bae Jinhan/President Yoon's representative]
I'll see you in court.
[Anchor]
In the process of attending the second hearing of the Constitutional Court, Bae Jin-han, a lawyer representing President Yoon Suk Yeol, said. Whether it is a legitimate arrest warrant or an arrest warrant, all executions will be received and disclosed. That's what I said. There was also a comment about what the president would avoid if he avoided it.
[Anchor]
And if it ends without proper evidence investigation, it will be against common sense. And common sense, logic, and rules of experience are definitions, and they should be followed by standards. So, the Constitutional Court made such remarks that put a brake on the atmosphere that seemed to be proceeding with the judgment in a speedy manner. We should pay attention to the reason why President Yoon declared an emergency martial law. He also expressed his position as to why he doesn't ask the question why.
[Anchor]
And we also deliver what was revealed through a back briefing at the Senior Civil Servant Corruption Investigations Unit. First of all, according to the Senior Civil Servant Corruption Investigations Unit, President Yoon Suk Yeol's lawyers have repeated their previous claims that they will not comply with illegal warrants. And the Senior Civil Servant Corruption Investigations Unit said that when the proceedings were discussed after the lawyer handed over the appointment, they proposed it like this. And I also explained some of the collisions that took place during today's execution. The Senior Civil Servant Corruption Investigations Unit said there were continuous physical fights in the process of passing through blocked vehicles, and there were continuous physical fights in stages.
[Anchor]
He also explained the situation at the time, saying that only three prosecutors moved to the front of the official residence to present an arrest warrant. Lawyer Park, among the previous statements made by the Senior Civil Servant Corruption Investigations Unit, Yoon Suk Yeol's lawyers are repeating this claim that they will not comply with the illegal warrant, and when they discussed the procedure after submitting the appointment, they made the proposal like this. Earlier, during the execution process, lawyers Kim Hong-il and Yoon Gap-geun were seen entering the official residence. I think there was a story about this inside. [Park Sung-bae] It seems that President Yoon's lawyer recognized the scene during the execution of arrest and search warrants. There is no power for lawyers to participate in the execution of arrest warrants.Ma has the power to participate in the execution of the search warrant. Even if the lawyer does not have the authority to participate in the execution of the arrest warrant, it cannot be dismissed as illegal to dress up on the spot to defend the arrested party.
In the process, it is quite burdensome for President Yoon to come forward and discuss the issue with the prosecutor of the Senior Civil Servant Corruption Investigations Unit, so the lawyer seems to have shared legal opinions on the execution of the warrant with the prosecutor of the Senior Civil Servant Corruption Investigations Unit. Breaking news has been reported that they refuse to comply with the illegal warrant and proceed with the consultation after the appointment, but it is somewhat different from the position of President Yoon's lawyer preparing for a constitutional trial. I don't know how much President Yoon's lawyer's remarks preparing for a constitutional trial reflect his intentions.Ma said he'll get a full warrant review.
In fact, it can be said that receiving the full examination of the warrant itself is a normal objection procedure in the current legal system. Arrest and search warrants have already been issued, but Korea does not have a warrant appeal system, so there is no procedure for invalidating already issued warrants. There's a quasi-appeal system.E yesterday, President Yoon filed an objection to the execution of his arrest, which is a regulation that applies mutatis mutandis to the quasi-appeal. This quasi-appeal is also a procedure that competes for the procedure for detention and seizure, and it is not a procedure for search, but above all, quasi-appeal is also a procedure that competes after the warrant is actually executed. Likewise, arrest suitability is a procedure after the arrest warrant is executed, and both the actual examination of the arrest warrant and the arrest suitability are procedures for objection after the examination stage or the arrest warrant is issued. It can be said that it is a legitimate illegal procedure in the current legal system that the higher court or other court judges the illegality in the process of issuing a warrant after it is executed. To what extent this claim reflects President Yoon's intention, it seems to be a statement that is somewhat far from President Yoon's current attitude.
[Anchor]
By the way, lawyer, President Yoon has not given a senior appointment to the Senior Civil Servant Corruption Investigations Unit. In what sense can I read it because the senior manager suggested that we discuss the procedure later? President
[Park Sung-bae]
Yoon will strongly hope that the impeachment trial process will come before the investigation process. The reason is that the investigation process has been progressing considerably faster than expected. Not only is the matter relatively simple and clear from the beginning of this case, but as the prosecution, police, and the Senior Civil Servant Corruption Investigations Unit conduct investigations fairly quickly according to competition between agencies, the impeachment trial is quite ripe enough to require some of the investigation records to be used. The impeachment trial will be guaranteed due process to a large extent, but the investigation is ripe to a large extent, and almost all major figures have been arrested except for President Yoon. Now, only the investigation of President Yoon is left, and if he is arrested like other officials during the investigation, not only will the number of supporters of President Yoon, who have been the center of the investigation, be considerably reduced, but the fact that the president has been arrested will have a significant impact on the impeachment trial even before the criminal trial on the main issue proceeds in earnest.
As a result, as long as the impeachment trial has begun in earnest, the appointment of a lawyer has been submitted, but it seems that the investigation process has not been submitted to slow down. However, since we have reached the process of executing an arrest warrant, we need to discuss the execution of the warrant in earnest with the prosecutor of the Senior Civil Servant Corruption Investigations Unit. Now, even in criminal cases, it is no longer possible to postpone the submission of a lawyer's appointment, and the position seems to be reflected.
[Anchor]
There seems to be a slight difference between the position of the Senior Civil Servant Corruption Investigations Unit and the position of the Presidential Security Service. In the case of the Senior Civil Servant Corruption Investigations Unit, there was a situation just before that there were continuous large and small physical fights in various processes, and there were no situations where the security agency was concerned about safety. That's what the security service is saying right now. I think they interpret it from a slightly different perspective in the same situation, so can you estimate the reason?
[Jimin Yang]
First of all, from the standpoint of the Senior Civil Servant Corruption Investigations Unit, it is possible that there may be a large physical conflict. Since there was no greater physical conflict than expected by the security service, he defended the president in accordance with the Presidential Security Act while practically following the law without a major conflict.
[Anchor]
Let's hear Democratic Party floor leader Park Chan-dae's announcement of his position now.
[PARK CHANDA / Minjoo Party floor leader]
I will state my position on the suspension of the execution of the arrest warrant for the Yoon Suk Yeol.
The Senior Civil Servant Corruption Investigations Unit has suspended the execution of an arrest warrant for the Yoon Suk Yeol of a rebellion.
I'm very sorry to hear that.
The people will have watched the situation today and reaffirmed the Yoon Suk Yeol's petulance and grumpiness.
The statement that he would fulfill his legal and political responsibilities was a straight lie. I even feel a lot of sorrow at the sight of a person who tried to start a war and ordered to open fire hiding in his official residence avoiding legitimate law enforcement.
In addition, the Democratic Party cannot tolerate this situation.
First, the Senior Civil Servant Corruption Investigations Unit should immediately arrest the Yoon Suk Yeol of the rebellion.
The swift arrest of the insurgents is the most urgent task to overcome the crisis our country is facing.
You can see it right away just by looking at the movements of the exchange rate and stock price today.
The longer you delay, the bigger the damage will be.
The only thing the Senior Civil Servant Corruption Investigations Unit should fear is the people.
The Senior Civil Servant Corruption Investigations Unit urges the public to believe in the people and act decisively in law enforcement.
Second, immediately arrest those who block the execution of arrest warrants as current offenders. Anyone who interferes with the execution of public affairs, such as the chief of security, the deputy chief of security, the chief of security, and the chief of security, should regard him as an accomplice to the rebellion.
On-site arrest should be made on charges of obstruction of the execution of special public affairs, concealment of criminals, and abuse of authority.
The Democratic Party will not ignore the disastrous situation of the disappearance of the constitutional order and democracy and the rule of law.
I will definitely set it straight with the people.
That's about it.
[Anchor]
Park Chan-dae, floor leader of the party, expressed regret over the suspension of the arrest warrant today. And the Democratic Party cannot tolerate the situation, and the Senior Civil Servant Corruption Investigations Unit strongly criticized the immediate arrest of the Yoon Suk Yeol today.
[Anchor]
The more time you delay, the more the damage will snowball. He said he should be afraid of the people. In addition, if it interferes with the execution of an arrest warrant, it must be immediately arrested as a current offender. I made a very strong statement. Park Chan-dae, the floor leader of the Democratic Party, said that anyone should be arrested on the spot because they consider me an accomplice. I think it's a message to the security service, but this is interpreted as suggesting that it will not end as a simple warning. What do you think?
[Jimin Yang]
As mentioned earlier, it is now thought that evidence related to obstruction of public affairs has been made. If so, it was simply blocked, but there was room for a certain amount of physical conflict. There is a possibility that it will actually be booked. Because now the security service has set up a security zone based on the Presidential Security Act, so no one can come and go from there in the future. In fact, considering the purpose of the Security Service Act, which protects the president from external risks and threats, it is a very arbitrary judgment to define it as a risk for responding to an investigation request from an investigative agency.
Therefore, it is understandable that the security service was best to use security personnel to protect them, but at this point, it is time to carefully judge whether there is a possibility that such a crime of obstruction of justice will be established by preventing the legitimate execution of warrants by the Senior Civil Servant Corruption Investigations Unit. Otherwise, even if you are actually arrested, there may be situations in which it is difficult to legally object. Therefore, if the warrant is re-executed, I think the security office should carefully decide its position at that time.
[Anchor]
First of all, the security service and the Senior Civil Servant Corruption Investigations Unit are talking about the situation in the execution of the arrest warrant for President Yoon Suk Yeol today, but I will summarize it again. The Presidential Security Service said that security measures were taken in accordance with due process and there was no safety concern for the field personnel. We're talking a little differently at the Senior Civil Servant Corruption Investigations Unit. It approached within 200m of the official residence, and there were 100 executive personnel, but it was impossible to go. There were more people gathered than the executive personnel, so we stopped it due to safety concerns, but more than 200 people blocked it with their arms folded. He said that evidence, or evidence, was collected in the confrontation situation and that he plans to decide after reviewing the measures later. If this happens, is there a possibility that the chief of security will be booked?
[Park Sung-bae]
From the perspective of the security agency, there is an aspect that it cannot respond to the judgment that if it responds to the execution of the arrest warrant, it denies the meaning of the organization's existence. However, the reason for the execution of the arrest warrant today is that there is a possibility that the execution of the arrest warrant may not succeed even though it has until the 6th, and the possibility of re-enforcement of the arrest warrant is in mind. Until now, they had warned that blocking would constitute a crime of obstructing the execution of public affairs, but there were some physical conflicts. There's a controversy over each other.As a result, the act of preventing the execution of arrest warrants by the organization itself is highly likely to constitute obstruction of public affairs.
Now, it is not just a warning, but it cannot rule out the possibility of a full-fledged appointment of a security chief. Civic groups and the Democratic Party are already planning to accuse the head of security and others of obstructing the execution of public affairs. Warnings and actual criminal cases differ in that dimension. Just as on-site soldiers who wanted to enter the National Assembly immediately hesitated to enter the National Assembly immediately after the declaration of the emergency martial law, there is a high possibility that on-site security officers will not be able to strongly resist the execution of the arrest warrant when the arrest warrant is executed again.
[Anchor]
A very important breaking news came in among the words. This is what the police special team revealed. The head of the security department and the deputy head of the department have been booked and said they will require attendance tomorrow.
[Anchor]
I made a reservation. In addition, the Korea Communications Standards Agency said it was unable to execute the warrant today due to illegal obstruction of public affairs by the security service.
[Anchor]
In this part, he briefly told the lawyer that the police had booked the chief of security and the deputy chief on charges of obstructing the execution of special public affairs and asked him to attend tomorrow. Then what happens if you don't attend tomorrow? And if you attend tomorrow, the chief of security and the deputy chief will be away. What do you think of the possibility of trying to execute a warrant again in this vacant situation?
[Jimin Yang]
There seems to be a possibility of that. As you can see from President Yoon Suk Yeol's procedure, he asked for attendance several times, but if he does not respond, he will be able to be arrested. However, since it is the first request for attendance, if the chief of security or deputy chief wants to coordinate because of the seriousness of the current period and if he wants to attend, it is possible to coordinate.
However, if the Senior Civil Servant Corruption Investigations Unit suddenly tries to execute the warrant when the Chief of Security and the Deputy Director are away like this, there seems to be room for a problem in the future. Therefore, the best way is to use the barrier as it is today when the head of the security or deputy chief uses more physical force to block it, or to surround it with about 200 people in arms. This would be the best scenario to cooperate with the investigation, recognizing the possibility that a crime of obstructing the execution of special public affairs could be established, but if it is not, the worst case would be to respond to the special team's attendance at all and remain unresponsive, and in that situation, the warrant statute of limitations of the Senior Civil Servant Corruption Investigations Unit expires and have to extend and claim again.
[Anchor]
At the site of the Senior Civil Servant Corruption Investigations Unit, a reporter organized the situation so far. As I told you earlier, the Korea Communications Standards Agency said it was unable to execute the warrant today due to illegal obstruction of public affairs by the security service. The special police team said it booked the chief of security and deputy chief and demanded his attendance tomorrow. Lawyer Park, what do you think about the possibility that the Senior Civil Servant Corruption Investigations Unit will execute the arrest warrant again tomorrow?
[Park Sung-bae]
It is difficult to issue an arrest warrant immediately even if the security chief does not actually attend tomorrow. The reason why they need to be booked immediately and asked to appear tomorrow is because they have the possibility of re-issuing and re-executing the arrest warrant next week. Even if they do not get an arrest warrant right away, if the Senior Civil Servant Corruption Investigations Unit stops the execution of the arrest warrant under the direction of the Chief of Security, as it is today, the police will secure considerable legitimacy in arresting the Chief of Security and related persons on the spot.
More than today, the evidence and data that can be arrested will be substantially reinforced. As a result, we cannot rule out the possibility that the Senior Civil Servant Corruption Investigations Unit will execute the arrest warrant again tomorrow or the day after tomorrow, but if something like today happens again, there is a high possibility that key people, including the chief of security, or those who fiercely resist at the scene will be immediately arrested even at the risk of physical conflict. [Anchor] I think this Senior Civil Servant Corruption Investigations Unit may have drawn up various scenarios while executing an arrest warrant today, but when the execution is blocked like this, I will file a complaint against the security chief. Do you think they set this up as one of the scenarios? How do you see it?
[Jimin Yang]
That's very likely. It was expected that the security service would have blocked the president of Yoon Suk Yeol to protect him, and because it expected this, some civic groups will also file a complaint against the security chief or deputy chief. Since there was also a position to file a complaint for obstruction of the execution of special public affairs, if it is after the complaint, it would be a step to file a complaint, and it can only be said that he had this in mind. So, as you said, I made a reservation now and asked for attendance tomorrow, but the possibility of not responding to attendance seems very high. If the current situation makes it difficult to respond to such an investigation by vacating the position of head of security, it would be correct to say that when the Senior Civil Servant Corruption Investigations Unit re-executed the warrant later, the arrest of the current law was also left open. If that happens, there is a possibility of a violent conflict in the process of arresting the current offender. Therefore, even if the warrant is re-executed, I think it should proceed in the direction of minimizing the collision of physical forces.
[Anchor]
If President Yoon Suk Yeol does not comply with the arrest warrant to the end, there is a possibility of applying for an arrest warrant. How do you see the possibility of issuing it?
[Park Sung-bae]
In practice, an arrest warrant is requested after conducting at least one suspect investigation. However, depending on the situation, if the suspect refuses to investigate, it is rare to omit the investigation and immediately request an arrest warrant, but it does exist. In this case, it is quite likely that the Senior Civil Servant Corruption Investigations Unit already has an arrest warrant in mind within 48 hours rather than executing an arrest warrant and releasing it immediately after completing the investigation of President Yoon. In addition, if the execution of the arrest warrant eventually returns to nothing, it is possible to request an arrest warrant without re-executing the arrest warrant. If an arrest warrant is requested, the warrant will be reviewed, and in this case, President Yoon must protest if he does not take action on his own. Arrests and arrests are based on the same basis for criminal charges, but are different. Arrest is a temporary form of detention.
In other words, an arrest warrant is issued when the suspect refuses to comply with the request for attendance. However, the arrest warrant presupposes that a large part of the criminal charge will be cleared ahead of the criminal trial in the future. This means that if an arrest warrant is issued, criminal charges are quite likely to be established only with the data and evidence collected by the investigative agency, despite the suspect's demand for a defense.
From this point on, it is quite questionable whether the security office will be able to resist fiercely when it enters the official residence as it is today for the execution of the arrest warrant, and even if the security office resists, the Senior Civil Servant Corruption Investigations Unit or the police will step down as smoothly as they are today at a time when the possibility of acknowledging rebellion has already increased considerably. The likelihood of issuing a warrant is quite high, and the likelihood of execution will be higher after the warrant is issued. The reason why the warrant is highly likely to be issued is that all other officials have been issued arrest warrants without exception, and given President Yoon's attitude toward the case, there is no choice but to evaluate the possibility of escape or destruction of evidence.
[Anchor]
What is the real benefit of President Yoon Suk Yeol's fierce resistance when the execution of the arrest warrant was blocked today and the Constitutional Court is also conducting impeachment proceedings and the investigation is now being conducted criminally? There is a question about this part.
[Jimin Yang]
That's right. Because even from legal procedures, the attitude of not responding to the investigation itself may seem very bad to the court. We cannot rule out the possibility that this will also affect the actual outcome of the trial. Then, when I think about why they are resisting so fiercely, I think the first thing to do is to buy time. In the case of the impeachment trial process, it was very delayed without being served at first.
Then in the end, the trial proceedings were carried out through delivery, and the preparation date is still being held today. Likewise, I think he is trying to drag on as much time as possible in criminal proceedings, and assuming that he goes to the Senior Civil Servant Corruption Investigations Unit to be investigated in response to an arrest warrant, he may think that he is more likely to be arrested than he is to be released after 48 hours.
If so, I think I'm trying to postpone that time as much as possible. But what should be seen far away is how doing so could affect the outcome of the final trial. I think President Yoon Suk Yeol can understand this better than anyone else as a former legal professional and a prosecutor who has been in charge of the investigation for a long time.
[Anchor]
The second hearing preparation period is underway at the Constitutional Court. The Constitutional Court said this. Adopt the record of the ongoing civil war investigation as evidence. And it is said that it is closely related to the reason for the impeachment of President Yoon in the civil war investigation.
[Anchor]
During the ongoing debate preparation period, the president's remarks and the National Assembly's remarks are being delivered. It is said that the president claimed that 180 days of impeachment trial should be guaranteed. Reasons for impeachment, such as rebellion, should be excluded. And I request a prompt decision on the provisional injunction to suspend the validity of the warrant. It is presumed to be related to the execution of the arrest warrant that was executed today.
[Anchor]
And I would like to convey the position of the National Assembly. It is a violation of judicial independence to order the arrest of judges at the time of martial law. In addition, the grounds for rebellion should be withdrawn in consideration of the constitutional trial. The seizure of the NEC's employee phones was also an infringement. It is said that there was this claim.
[Anchor]
Regarding the breaking news that is being reported at the Constitutional Court right now, what the president is arguing is consistent, right? I feel like I'm trying to keep buying time. And it seems to be said that the impeachment should be excluded.
[Park Sung-bae]
It's the 2nd episode today. In the meantime, the president has not presented his opinion on the issue while belatedly submitting the appointment of a lawyer, but the preparation procedure for the defense should organize the issue and the proof plan. First of all, the National Assembly reduced the issue from 5 to 4 on the first hearing date, and President Yoon finally presented his opinion on the issue today. The Constitutional Court has decided to reject the claim and receive the relevant investigation records, despite the National Assembly's request for witnesses for the investigation records and 15 witnesses, and President Yoon's statement that the investigation records cannot be sent to the Constitutional Court as the trial is currently underway under the Constitutional Law.
It seems that the crime of rebellion itself is not only a very important part of the impeachment trial, but also that the contents of the investigation record are clearly organized. The president is expected to argue various reasons during the constitutional trial in the future, but in a broad sense, he is expected to repeat the claim that it is not subject to judicial review as an act of governance or that the emergency martial law itself has no purpose of national constitution and is only a warning.
In particular, even if the investigation records are sent to the Constitutional Court, it is expected to argue that the investigation records are not capable of evidence as they are investigated by an investigative agency that does not have the right to investigate, but it seems that a full-fledged dispute has only begun with the Constitutional Court.
[Anchor]
The execution of the first arrest warrant was suspended, in fact, a failure. Lawyer, which part will be the most important in the future? Please point out the variables.
[Jimin Yang]
As for the impeachment trial, the impeachment trial is in the process of proceedings, and the settlement of issues through the preparation date seems to have been completed. So, first of all, the first pleading date is scheduled to be held on January 14, so from then on, it seems that the two sides will continue to fight fiercely over the issues that have been sorted out. In criminal terms, the arrest warrant has been issued and the deadline is set for six days, so the Senior Civil Servant Corruption Investigations Unit will make every effort to succeed in executing such a warrant before the 6th anyway, and as part of such efforts, the head of the security and deputy head of the department seem to have been booked. So, it's the weekend from tomorrow, but nevertheless, from the perspective of the Senior Civil Servant Corruption Investigations Unit, it seems very likely that another arrest warrant will be made.
[Anchor]
The first hearing date was set on January 14th. It is reported that the second hearing date has been set on January 16th. Before that, the execution of arrest warrants and other variables are expected to continue. Will there be any impact on the date of the Constitutional Court's hearing?
[Park Sung-bae]
There may be an impact on the hearing date. If President Yoon's whereabouts are secured and an arrest warrant is issued, the Constitutional Court will receive the arrest warrant bill and the warrant issuing department itself. As the data shows that much of the criminal charges of the person involved in the case have been clarified, it does not seem to mean that the facts themselves are excluded from the entire impeachment bill. It is expected to immediately affect the impeachment trial of the Constitutional Court. The hearing preparation process was completed earlier than expected and the hearing date was immediately designated, but the second hearing date was designated at once. In principle, oral arguments are made in the case of an impeachment trial. Presidents of Yoon Suk Yeol are unlikely to attend the first hearing on the 14th, but from the second hearing date, the hearing process can be fully carried out only by the attendance of a lawyer. If President Yoon does not actively protest against the relatively simple and clear issue, he will not be able to rule out the possibility that the impeachment trial process will be concluded sooner than expected despite the claim.
[Anchor]
The attempt to execute an arrest warrant against President Yoon Suk Yeol is expected to take place tomorrow or the day after tomorrow, but today it started early in the morning. When do you think it is likely to happen between tomorrow weekend? [Yang Jimin] On the weekend, as we get closer to the daytime, the crowd will inevitably flock. So, from the point of view of the Senior Civil Servant Corruption Investigations Unit, it seems that there is a high possibility that they will try early in the morning to select a time when crowds are relatively low on weekends. Because it doesn't mean that you can enter the front of the official residence right away just because you try it, but you still have to go through the crowd, go through the first and second gates, and go to the front of the official residence, so it would be correct to expect that it will take several hours. That's why even if we try to execute it again on the weekend, it's likely that we'll try it from the morning around the same time.
[Anchor]
There is a concern that the situation of having to see a confusing situation will be repeated again, so what point is the Senior Civil Servant Corruption Investigations Unit considering?
[Park Sung-bae]
If there was no possibility of physical conflict, I would have been more daring to execute the warrant. However, as there is a possibility of physical conflict, the biggest goal in itself is to smoothly execute an arrest warrant in a situation where there is no wound or damage, whether it is the Senior Civil Servant Corruption Investigations Unit or the Security Service. It is likely that the police experience will not fully withdraw from the residence today. A number of police careers have been mobilized around the residence, and double and triple layers have been built through buses to prevent access to the general public, and it is highly likely that this career and bus shape will remain the same. There is a possibility that the arrest warrant will be executed again within a few days and the unexpected variables must be removed, and the Senior Civil Servant Corruption Investigations Unit will try to prevent a full-scale conflict between the security services. In order to prevent a full-scale conflict,
is in a situation where judicial proceedings are carried out quickly for some people, including the chief of security, and it is completely considered that there is no more damage.There is a high possibility that the warrant will be executed.
[Anchor]
I think there will be a little more intense conflict in the process of executing additional warrants. As you said, since it's the weekend, I think there will be more movement from citizens. I think this is also a part of concern.
[Jimin Yang]
I have no choice but to consider that as well. Because executing a warrant is the most important purpose and goal, but if someone is injured in the process, it may be difficult for the Senior Civil Servant Corruption Investigations Unit to avoid criticism, so it will be sensitive to that. In addition to injuries to ordinary citizens, there should be no such injuries not only to the security service, but also to the wonders or the military. Of course, it is wrong to block it, but it can be very problematic to penetrate it too hard, so it seems that you will be careful.
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■ Starring: lawyer Park Sung-bae, lawyer Yang Ji-min
* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN New Square 2PM] when quoting.
[Anchor]
We will continue to bring lawyer Yang Ji-min and lawyer Park Sung-bae to point out legal issues. Lawyer Park, in line with the purpose of Article 84 of the Constitution, which states that if an investigative agency commits a rebellion or foreign exchange crime, it can be criminally prosecuted, and if the investigative agency obtains a warrant from the court and executes it, the security agency should respond. What do you think about this?
[Park Sung-bae]
Once this issue has been completed to some extent, some amendments to the Security Service Act are likely to be made. As the attempt against the incumbent president itself is unprecedented, the security service is also scrambling about what to do, and the investigative agency, including the Senior Civil Servant Corruption Investigations Unit, is not swayed much by the will to execute arrest warrants.Ma also appeared to be scrambling over how to penetrate when the security guard blocked him. In fact, it is difficult to say that the security protocol against the incumbent president and the execution of arrest warrants do not necessarily conflict.
However, since there is no precedent, there is a lot of controversy over how to harmonize the two positions. In order to avoid such controversy, if an arrest warrant is executed on criminal charges that can be investigated against the incumbent president, it is highly likely that the law will be revised to maintain security and protocol while accepting the execution of arrest warrants.
[Anchor]
Looking back on the situations that took place after 8 this morning, I didn't block the entrance to the main gate. Of course, there was a process of talking in front of it, but the main gate was a little open. So, I think some people thought that investigators and police personnel were successful in entering the official residence, but that this door was opened, in fact, that it would be really executed today. Did he worry about the possibility of being punished for obstructing the execution of public affairs if he didn't open this door? Why did you open this door?
[Yang Jimin]
First of all, there was a mention of the scope of security managed by the security service. However, rather than setting the range of security, it seems that the area where the security service should focus on protecting the area may have been specified as the official residence and the vicinity of the official residence. In fact, entering the entrance to the official residence is divided into roles such as military and water defense, and accordingly, the security agency may have actually blocked the front with the task of protecting the official residence and the super-close area. Therefore, in the case of the first gateway and the second cordon, which can be regarded as a region, it seems that people were allowed to enter for now.
Because it's a manpower who gets a legitimate warrant and comes in for execution. That is why, as you mentioned, the first door was not allowed without any basis, it could be considered that this does not cooperate at all, but rather interferes with the execution of public affairs. Therefore, to reduce such controversy, the first and second inquiries were opened, but the entrance to the official residence, where President Yoon Suk Yeol is actually staying, was blocked, creating a situation where the execution of the warrant could eventually be disallowed and failed.
[Anchor]
First of all, President Yoon's side is unconstitutional and illegal, and it is also illegal to execute it, so can you explain the legal basis for this argument?
[Park Sung-bae]
There are two main reasons why President Yoon argues that it is unconstitutional or illegal. First, the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate rebellion. The second is that the search warrant issued this time contains provisions for the exclusion of Articles 110 and 111 of the Criminal Procedure Act, and the judge specified some provisions for the exclusion of the law beyond the scope of its authority. Whether the Senior Civil Servant Corruption Investigations Unit is granted the right to investigate rebellion has been in various pain throughout the course of the case, and in light of President Yoon's position, it is expected to emerge as a major issue during the trial. The prosecution has the same problem. In fact, both the prosecution and the Senior Civil Servant Corruption Investigations Unit clearly have the right to investigate abuse of authority.Ma is a related case of abuse of authority, and there have been various controversies over whether the crime of rebellion can be included in the investigation.
However, if the prosecution requests an arrest warrant for former Defense Minister Kim Yong-hyun, who requested an arrest warrant for the first time in connection with the case, the court issues an arrest warrant but rather determines that the entire crime of abuse of authority and rebellion can be investigated as a case directly related to the right to investigate the crime of rebellion. Since it is clear that the prosecution has the right to investigate the police, it has only decided that the prosecution, which exercises the right to investigate the police, can investigate rebellion as a related case.
However, when the Senior Civil Servant Corruption Investigations Unit filed a claim against Moon Sang-ho's information power last time, the main issue was whether it could investigate the rebellion as a related case based entirely on abuse of authority, but the court issued an arrest warrant without making an explicit judgment at the time. It can be said that he issued an arrest warrant on the premise that he could investigate the crime of rebellion. In the process of issuing an arrest warrant this time, the court's judgment that the Senior Civil Servant Corruption Investigations Unit can investigate the abuse of authority, but the fact that the Senior Civil Servant Corruption Investigations Unit issued an arrest warrant is already there, as the Senior Civil Servant Corruption Investigations Unit can investigate the abuse of authority.
Now, it seems that it is difficult to reverse the investigation of other related parties because it is a situation where much of the investigation is ripe to judge that the Senior Civil Servant Corruption Investigations Unit does not have the right to investigate rebellion. Perhaps there may be various controversies inside the court whether it is possible to investigate rebellion as a related case with only the authority to investigate abuse of authority, whether it is the prosecution or the Senior Civil Servant Corruption Investigations Unit.In light of the maturity of this case during the future trial, it can be said that it has reached a very difficult stage given the progress of the investigation.
[Anchor]
On the screen you just saw, you saw a lot of people coming out from the inside of the Hannam-dong residence, and it is presumed to be a police officer. So you could see him holding a camera for evidence. You saw a lot of people leaving the main building. Earlier, you saw about 30 investigators from the Senior Civil Servant Corruption Investigations Unit leave the mission first. You've also seen the investigators who have already arrived at the Senior Civil Servant Corruption Investigations Unit. The members of the National Police Agency just saw them coming out of the former mission.
[Anchor]
This is a breaking news from the Senior Civil Servant Corruption Investigations Unit. I will disclose it after reviewing whether it is attempted to re-execute. I expressed this position. It approached within 200 m of the official residence and was blocked by more than 10 vehicles. The Senior Civil Servant Corruption Investigations Unit explained the situations in this execution process, including nine employees of the security service.
Today, it was announced that there were about 100 executives. It was a situation where I couldn't go. Therefore, it is currently interpreted that it was not possible to continue the execution. Earlier, when the police personnel came down, there were also personnel who came down with evidence cameras. In addition, among the previous breaking news in the morning, there was a process of evidence against military troops or these personnel that interfered with the execution. Then, can I interpret it as meaning that I will also review whether to book this part?
[Jimin Yang]
According to the news delivered in the morning, there was news that although they collected evidence, they did not arrest them as current offenders or anything. First of all, in the process of executing the arrest warrant today, there seems to have been some kind of physical struggle. Even if Rep. Yoon Sang-hyun, who entered the residence, said, there seems to have been a physical conflict that pushed each other, so it is correct to say that the evidence was first collected to examine whether this could be a crime of obstruction of public affairs or obstruction of special public affairs. From the point of view of the Senior Civil Servant Corruption Investigations Unit, I thought there were about 100 people and estimated the number of executors, but when I actually entered, there were more than 200 military and security personnel, and they were blocking it by stacking multiple walls. Then, in reviewing whether to re-enforce the warrant in the future, more manpower will be added.
In other words, there is a possibility that there will be a bigger physical conflict in the execution of the warrant in the future, as situations in which we have no choice but to go to Gangdaegang continue to be created. Therefore, from the perspective of the Senior Civil Servant Corruption Investigations Unit, if you try to execute it prematurely, there are no situations or conditions that can be executed in terms of manpower, so it is inevitable to think about when to execute it again.
[Anchor]
There is something that President Yoon's representative said about the execution of the arrest warrant. Let's hear it and talk about it.
[Interview]
We will receive all the warrant examinations in court, and we will receive and disclose all the executions, whether it is an arrest warrant or an arrest warrant. What would you avoid if the president avoided it? You've come all the way here. You don't have to worry about that at all.
[Reporter]
What is your position on the National Assembly's impeachment? I wonder if you're going to reveal it on today's date.
[Bae Jin / Yoon's representative]
Today is the procedural and preparatory date, so we will fight fiercely on the procedural part. And as you know, in order for ordinary public officials to be dismissed, they thoroughly investigate evidence through administrative litigation. Isn't the president now the commander-in-chief of our country, who was elected by elections for four or five months to the extent that the country was turned upside down? He's the head of the company. However, even if a constitutional judge retires in a few months without proper investigation of evidence, we will not use the expression "baffling" without the evidence investigation we want.
But anyway, if it ends so quickly, it would be against common sense. The law is that common sense, logic, and rules of experience are applied like flesh on the bones.
You only need to do it on that basis. If the president did anything wrong, of course he should quit. But don't you think it's really wrong? Shouldn't you argue thoroughly as evidence? I think journalists will probably sympathize with that, and I dare to say this, but I think it started with the question of why our human history has come this far. Why? Why did the president do this when he could control the country peacefully if he remained silent? There's no media interested in why.
No matter why we try to express it, it's emergency, so leave. Since we're in the media like this, we also have a quarrel with the media. Please think about that. I think it's better not to use the expression "civil war." We're not on the same page. If you want to see whether it is unconstitutional or not, why do you start with why this procedure was carried out and then eventually the precedent doesn't say? It is said to judge whether it is a national constitution by looking at both the circumstances and the results.
It's not what I said here, so I won't comment further. I'm not trying to say this is justified or not. Justifiable or not is what the court does. What I'm talking about here is in the hope that the media will be interested in other areas as well.
[Reporter]
Are you going to continue to reject the arrest warrant?
[Bae Jinhan/President Yoon's representative]
I'll see you in court.
[Anchor]
In the process of attending the second hearing of the Constitutional Court, Bae Jin-han, a lawyer representing President Yoon Suk Yeol, said. Whether it is a legitimate arrest warrant or an arrest warrant, all executions will be received and disclosed. That's what I said. There was also a comment about what the president would avoid if he avoided it.
[Anchor]
And if it ends without proper evidence investigation, it will be against common sense. And common sense, logic, and rules of experience are definitions, and they should be followed by standards. So, the Constitutional Court made such remarks that put a brake on the atmosphere that seemed to be proceeding with the judgment in a speedy manner. We should pay attention to the reason why President Yoon declared an emergency martial law. He also expressed his position as to why he doesn't ask the question why.
[Anchor]
And we also deliver what was revealed through a back briefing at the Senior Civil Servant Corruption Investigations Unit. First of all, according to the Senior Civil Servant Corruption Investigations Unit, President Yoon Suk Yeol's lawyers have repeated their previous claims that they will not comply with illegal warrants. And the Senior Civil Servant Corruption Investigations Unit said that when the proceedings were discussed after the lawyer handed over the appointment, they proposed it like this. And I also explained some of the collisions that took place during today's execution. The Senior Civil Servant Corruption Investigations Unit said there were continuous physical fights in the process of passing through blocked vehicles, and there were continuous physical fights in stages.
[Anchor]
He also explained the situation at the time, saying that only three prosecutors moved to the front of the official residence to present an arrest warrant. Lawyer Park, among the previous statements made by the Senior Civil Servant Corruption Investigations Unit, Yoon Suk Yeol's lawyers are repeating this claim that they will not comply with the illegal warrant, and when they discussed the procedure after submitting the appointment, they made the proposal like this. Earlier, during the execution process, lawyers Kim Hong-il and Yoon Gap-geun were seen entering the official residence. I think there was a story about this inside. [Park Sung-bae] It seems that President Yoon's lawyer recognized the scene during the execution of arrest and search warrants. There is no power for lawyers to participate in the execution of arrest warrants.Ma has the power to participate in the execution of the search warrant. Even if the lawyer does not have the authority to participate in the execution of the arrest warrant, it cannot be dismissed as illegal to dress up on the spot to defend the arrested party.
In the process, it is quite burdensome for President Yoon to come forward and discuss the issue with the prosecutor of the Senior Civil Servant Corruption Investigations Unit, so the lawyer seems to have shared legal opinions on the execution of the warrant with the prosecutor of the Senior Civil Servant Corruption Investigations Unit. Breaking news has been reported that they refuse to comply with the illegal warrant and proceed with the consultation after the appointment, but it is somewhat different from the position of President Yoon's lawyer preparing for a constitutional trial. I don't know how much President Yoon's lawyer's remarks preparing for a constitutional trial reflect his intentions.Ma said he'll get a full warrant review.
In fact, it can be said that receiving the full examination of the warrant itself is a normal objection procedure in the current legal system. Arrest and search warrants have already been issued, but Korea does not have a warrant appeal system, so there is no procedure for invalidating already issued warrants. There's a quasi-appeal system.E yesterday, President Yoon filed an objection to the execution of his arrest, which is a regulation that applies mutatis mutandis to the quasi-appeal. This quasi-appeal is also a procedure that competes for the procedure for detention and seizure, and it is not a procedure for search, but above all, quasi-appeal is also a procedure that competes after the warrant is actually executed. Likewise, arrest suitability is a procedure after the arrest warrant is executed, and both the actual examination of the arrest warrant and the arrest suitability are procedures for objection after the examination stage or the arrest warrant is issued. It can be said that it is a legitimate illegal procedure in the current legal system that the higher court or other court judges the illegality in the process of issuing a warrant after it is executed. To what extent this claim reflects President Yoon's intention, it seems to be a statement that is somewhat far from President Yoon's current attitude.
[Anchor]
By the way, lawyer, President Yoon has not given a senior appointment to the Senior Civil Servant Corruption Investigations Unit. In what sense can I read it because the senior manager suggested that we discuss the procedure later? President
[Park Sung-bae]
Yoon will strongly hope that the impeachment trial process will come before the investigation process. The reason is that the investigation process has been progressing considerably faster than expected. Not only is the matter relatively simple and clear from the beginning of this case, but as the prosecution, police, and the Senior Civil Servant Corruption Investigations Unit conduct investigations fairly quickly according to competition between agencies, the impeachment trial is quite ripe enough to require some of the investigation records to be used. The impeachment trial will be guaranteed due process to a large extent, but the investigation is ripe to a large extent, and almost all major figures have been arrested except for President Yoon. Now, only the investigation of President Yoon is left, and if he is arrested like other officials during the investigation, not only will the number of supporters of President Yoon, who have been the center of the investigation, be considerably reduced, but the fact that the president has been arrested will have a significant impact on the impeachment trial even before the criminal trial on the main issue proceeds in earnest.
As a result, as long as the impeachment trial has begun in earnest, the appointment of a lawyer has been submitted, but it seems that the investigation process has not been submitted to slow down. However, since we have reached the process of executing an arrest warrant, we need to discuss the execution of the warrant in earnest with the prosecutor of the Senior Civil Servant Corruption Investigations Unit. Now, even in criminal cases, it is no longer possible to postpone the submission of a lawyer's appointment, and the position seems to be reflected.
[Anchor]
There seems to be a slight difference between the position of the Senior Civil Servant Corruption Investigations Unit and the position of the Presidential Security Service. In the case of the Senior Civil Servant Corruption Investigations Unit, there was a situation just before that there were continuous large and small physical fights in various processes, and there were no situations where the security agency was concerned about safety. That's what the security service is saying right now. I think they interpret it from a slightly different perspective in the same situation, so can you estimate the reason?
[Jimin Yang]
First of all, from the standpoint of the Senior Civil Servant Corruption Investigations Unit, it is possible that there may be a large physical conflict. Since there was no greater physical conflict than expected by the security service, he defended the president in accordance with the Presidential Security Act while practically following the law without a major conflict.
[Anchor]
Let's hear Democratic Party floor leader Park Chan-dae's announcement of his position now.
[PARK CHANDA / Minjoo Party floor leader]
I will state my position on the suspension of the execution of the arrest warrant for the Yoon Suk Yeol.
The Senior Civil Servant Corruption Investigations Unit has suspended the execution of an arrest warrant for the Yoon Suk Yeol of a rebellion.
I'm very sorry to hear that.
The people will have watched the situation today and reaffirmed the Yoon Suk Yeol's petulance and grumpiness.
The statement that he would fulfill his legal and political responsibilities was a straight lie. I even feel a lot of sorrow at the sight of a person who tried to start a war and ordered to open fire hiding in his official residence avoiding legitimate law enforcement.
In addition, the Democratic Party cannot tolerate this situation.
First, the Senior Civil Servant Corruption Investigations Unit should immediately arrest the Yoon Suk Yeol of the rebellion.
The swift arrest of the insurgents is the most urgent task to overcome the crisis our country is facing.
You can see it right away just by looking at the movements of the exchange rate and stock price today.
The longer you delay, the bigger the damage will be.
The only thing the Senior Civil Servant Corruption Investigations Unit should fear is the people.
The Senior Civil Servant Corruption Investigations Unit urges the public to believe in the people and act decisively in law enforcement.
Second, immediately arrest those who block the execution of arrest warrants as current offenders. Anyone who interferes with the execution of public affairs, such as the chief of security, the deputy chief of security, the chief of security, and the chief of security, should regard him as an accomplice to the rebellion.
On-site arrest should be made on charges of obstruction of the execution of special public affairs, concealment of criminals, and abuse of authority.
The Democratic Party will not ignore the disastrous situation of the disappearance of the constitutional order and democracy and the rule of law.
I will definitely set it straight with the people.
That's about it.
[Anchor]
Park Chan-dae, floor leader of the party, expressed regret over the suspension of the arrest warrant today. And the Democratic Party cannot tolerate the situation, and the Senior Civil Servant Corruption Investigations Unit strongly criticized the immediate arrest of the Yoon Suk Yeol today.
[Anchor]
The more time you delay, the more the damage will snowball. He said he should be afraid of the people. In addition, if it interferes with the execution of an arrest warrant, it must be immediately arrested as a current offender. I made a very strong statement. Park Chan-dae, the floor leader of the Democratic Party, said that anyone should be arrested on the spot because they consider me an accomplice. I think it's a message to the security service, but this is interpreted as suggesting that it will not end as a simple warning. What do you think?
[Jimin Yang]
As mentioned earlier, it is now thought that evidence related to obstruction of public affairs has been made. If so, it was simply blocked, but there was room for a certain amount of physical conflict. There is a possibility that it will actually be booked. Because now the security service has set up a security zone based on the Presidential Security Act, so no one can come and go from there in the future. In fact, considering the purpose of the Security Service Act, which protects the president from external risks and threats, it is a very arbitrary judgment to define it as a risk for responding to an investigation request from an investigative agency.
Therefore, it is understandable that the security service was best to use security personnel to protect them, but at this point, it is time to carefully judge whether there is a possibility that such a crime of obstruction of justice will be established by preventing the legitimate execution of warrants by the Senior Civil Servant Corruption Investigations Unit. Otherwise, even if you are actually arrested, there may be situations in which it is difficult to legally object. Therefore, if the warrant is re-executed, I think the security office should carefully decide its position at that time.
[Anchor]
First of all, the security service and the Senior Civil Servant Corruption Investigations Unit are talking about the situation in the execution of the arrest warrant for President Yoon Suk Yeol today, but I will summarize it again. The Presidential Security Service said that security measures were taken in accordance with due process and there was no safety concern for the field personnel. We're talking a little differently at the Senior Civil Servant Corruption Investigations Unit. It approached within 200m of the official residence, and there were 100 executive personnel, but it was impossible to go. There were more people gathered than the executive personnel, so we stopped it due to safety concerns, but more than 200 people blocked it with their arms folded. He said that evidence, or evidence, was collected in the confrontation situation and that he plans to decide after reviewing the measures later. If this happens, is there a possibility that the chief of security will be booked?
[Park Sung-bae]
From the perspective of the security agency, there is an aspect that it cannot respond to the judgment that if it responds to the execution of the arrest warrant, it denies the meaning of the organization's existence. However, the reason for the execution of the arrest warrant today is that there is a possibility that the execution of the arrest warrant may not succeed even though it has until the 6th, and the possibility of re-enforcement of the arrest warrant is in mind. Until now, they had warned that blocking would constitute a crime of obstructing the execution of public affairs, but there were some physical conflicts. There's a controversy over each other.As a result, the act of preventing the execution of arrest warrants by the organization itself is highly likely to constitute obstruction of public affairs.
Now, it is not just a warning, but it cannot rule out the possibility of a full-fledged appointment of a security chief. Civic groups and the Democratic Party are already planning to accuse the head of security and others of obstructing the execution of public affairs. Warnings and actual criminal cases differ in that dimension. Just as on-site soldiers who wanted to enter the National Assembly immediately hesitated to enter the National Assembly immediately after the declaration of the emergency martial law, there is a high possibility that on-site security officers will not be able to strongly resist the execution of the arrest warrant when the arrest warrant is executed again.
[Anchor]
A very important breaking news came in among the words. This is what the police special team revealed. The head of the security department and the deputy head of the department have been booked and said they will require attendance tomorrow.
[Anchor]
I made a reservation. In addition, the Korea Communications Standards Agency said it was unable to execute the warrant today due to illegal obstruction of public affairs by the security service.
[Anchor]
In this part, he briefly told the lawyer that the police had booked the chief of security and the deputy chief on charges of obstructing the execution of special public affairs and asked him to attend tomorrow. Then what happens if you don't attend tomorrow? And if you attend tomorrow, the chief of security and the deputy chief will be away. What do you think of the possibility of trying to execute a warrant again in this vacant situation?
[Jimin Yang]
There seems to be a possibility of that. As you can see from President Yoon Suk Yeol's procedure, he asked for attendance several times, but if he does not respond, he will be able to be arrested. However, since it is the first request for attendance, if the chief of security or deputy chief wants to coordinate because of the seriousness of the current period and if he wants to attend, it is possible to coordinate.
However, if the Senior Civil Servant Corruption Investigations Unit suddenly tries to execute the warrant when the Chief of Security and the Deputy Director are away like this, there seems to be room for a problem in the future. Therefore, the best way is to use the barrier as it is today when the head of the security or deputy chief uses more physical force to block it, or to surround it with about 200 people in arms. This would be the best scenario to cooperate with the investigation, recognizing the possibility that a crime of obstructing the execution of special public affairs could be established, but if it is not, the worst case would be to respond to the special team's attendance at all and remain unresponsive, and in that situation, the warrant statute of limitations of the Senior Civil Servant Corruption Investigations Unit expires and have to extend and claim again.
[Anchor]
At the site of the Senior Civil Servant Corruption Investigations Unit, a reporter organized the situation so far. As I told you earlier, the Korea Communications Standards Agency said it was unable to execute the warrant today due to illegal obstruction of public affairs by the security service. The special police team said it booked the chief of security and deputy chief and demanded his attendance tomorrow. Lawyer Park, what do you think about the possibility that the Senior Civil Servant Corruption Investigations Unit will execute the arrest warrant again tomorrow?
[Park Sung-bae]
It is difficult to issue an arrest warrant immediately even if the security chief does not actually attend tomorrow. The reason why they need to be booked immediately and asked to appear tomorrow is because they have the possibility of re-issuing and re-executing the arrest warrant next week. Even if they do not get an arrest warrant right away, if the Senior Civil Servant Corruption Investigations Unit stops the execution of the arrest warrant under the direction of the Chief of Security, as it is today, the police will secure considerable legitimacy in arresting the Chief of Security and related persons on the spot.
More than today, the evidence and data that can be arrested will be substantially reinforced. As a result, we cannot rule out the possibility that the Senior Civil Servant Corruption Investigations Unit will execute the arrest warrant again tomorrow or the day after tomorrow, but if something like today happens again, there is a high possibility that key people, including the chief of security, or those who fiercely resist at the scene will be immediately arrested even at the risk of physical conflict. [Anchor] I think this Senior Civil Servant Corruption Investigations Unit may have drawn up various scenarios while executing an arrest warrant today, but when the execution is blocked like this, I will file a complaint against the security chief. Do you think they set this up as one of the scenarios? How do you see it?
[Jimin Yang]
That's very likely. It was expected that the security service would have blocked the president of Yoon Suk Yeol to protect him, and because it expected this, some civic groups will also file a complaint against the security chief or deputy chief. Since there was also a position to file a complaint for obstruction of the execution of special public affairs, if it is after the complaint, it would be a step to file a complaint, and it can only be said that he had this in mind. So, as you said, I made a reservation now and asked for attendance tomorrow, but the possibility of not responding to attendance seems very high. If the current situation makes it difficult to respond to such an investigation by vacating the position of head of security, it would be correct to say that when the Senior Civil Servant Corruption Investigations Unit re-executed the warrant later, the arrest of the current law was also left open. If that happens, there is a possibility of a violent conflict in the process of arresting the current offender. Therefore, even if the warrant is re-executed, I think it should proceed in the direction of minimizing the collision of physical forces.
[Anchor]
If President Yoon Suk Yeol does not comply with the arrest warrant to the end, there is a possibility of applying for an arrest warrant. How do you see the possibility of issuing it?
[Park Sung-bae]
In practice, an arrest warrant is requested after conducting at least one suspect investigation. However, depending on the situation, if the suspect refuses to investigate, it is rare to omit the investigation and immediately request an arrest warrant, but it does exist. In this case, it is quite likely that the Senior Civil Servant Corruption Investigations Unit already has an arrest warrant in mind within 48 hours rather than executing an arrest warrant and releasing it immediately after completing the investigation of President Yoon. In addition, if the execution of the arrest warrant eventually returns to nothing, it is possible to request an arrest warrant without re-executing the arrest warrant. If an arrest warrant is requested, the warrant will be reviewed, and in this case, President Yoon must protest if he does not take action on his own. Arrests and arrests are based on the same basis for criminal charges, but are different. Arrest is a temporary form of detention.
In other words, an arrest warrant is issued when the suspect refuses to comply with the request for attendance. However, the arrest warrant presupposes that a large part of the criminal charge will be cleared ahead of the criminal trial in the future. This means that if an arrest warrant is issued, criminal charges are quite likely to be established only with the data and evidence collected by the investigative agency, despite the suspect's demand for a defense.
From this point on, it is quite questionable whether the security office will be able to resist fiercely when it enters the official residence as it is today for the execution of the arrest warrant, and even if the security office resists, the Senior Civil Servant Corruption Investigations Unit or the police will step down as smoothly as they are today at a time when the possibility of acknowledging rebellion has already increased considerably. The likelihood of issuing a warrant is quite high, and the likelihood of execution will be higher after the warrant is issued. The reason why the warrant is highly likely to be issued is that all other officials have been issued arrest warrants without exception, and given President Yoon's attitude toward the case, there is no choice but to evaluate the possibility of escape or destruction of evidence.
[Anchor]
What is the real benefit of President Yoon Suk Yeol's fierce resistance when the execution of the arrest warrant was blocked today and the Constitutional Court is also conducting impeachment proceedings and the investigation is now being conducted criminally? There is a question about this part.
[Jimin Yang]
That's right. Because even from legal procedures, the attitude of not responding to the investigation itself may seem very bad to the court. We cannot rule out the possibility that this will also affect the actual outcome of the trial. Then, when I think about why they are resisting so fiercely, I think the first thing to do is to buy time. In the case of the impeachment trial process, it was very delayed without being served at first.
Then in the end, the trial proceedings were carried out through delivery, and the preparation date is still being held today. Likewise, I think he is trying to drag on as much time as possible in criminal proceedings, and assuming that he goes to the Senior Civil Servant Corruption Investigations Unit to be investigated in response to an arrest warrant, he may think that he is more likely to be arrested than he is to be released after 48 hours.
If so, I think I'm trying to postpone that time as much as possible. But what should be seen far away is how doing so could affect the outcome of the final trial. I think President Yoon Suk Yeol can understand this better than anyone else as a former legal professional and a prosecutor who has been in charge of the investigation for a long time.
[Anchor]
The second hearing preparation period is underway at the Constitutional Court. The Constitutional Court said this. Adopt the record of the ongoing civil war investigation as evidence. And it is said that it is closely related to the reason for the impeachment of President Yoon in the civil war investigation.
[Anchor]
During the ongoing debate preparation period, the president's remarks and the National Assembly's remarks are being delivered. It is said that the president claimed that 180 days of impeachment trial should be guaranteed. Reasons for impeachment, such as rebellion, should be excluded. And I request a prompt decision on the provisional injunction to suspend the validity of the warrant. It is presumed to be related to the execution of the arrest warrant that was executed today.
[Anchor]
And I would like to convey the position of the National Assembly. It is a violation of judicial independence to order the arrest of judges at the time of martial law. In addition, the grounds for rebellion should be withdrawn in consideration of the constitutional trial. The seizure of the NEC's employee phones was also an infringement. It is said that there was this claim.
[Anchor]
Regarding the breaking news that is being reported at the Constitutional Court right now, what the president is arguing is consistent, right? I feel like I'm trying to keep buying time. And it seems to be said that the impeachment should be excluded.
[Park Sung-bae]
It's the 2nd episode today. In the meantime, the president has not presented his opinion on the issue while belatedly submitting the appointment of a lawyer, but the preparation procedure for the defense should organize the issue and the proof plan. First of all, the National Assembly reduced the issue from 5 to 4 on the first hearing date, and President Yoon finally presented his opinion on the issue today. The Constitutional Court has decided to reject the claim and receive the relevant investigation records, despite the National Assembly's request for witnesses for the investigation records and 15 witnesses, and President Yoon's statement that the investigation records cannot be sent to the Constitutional Court as the trial is currently underway under the Constitutional Law.
It seems that the crime of rebellion itself is not only a very important part of the impeachment trial, but also that the contents of the investigation record are clearly organized. The president is expected to argue various reasons during the constitutional trial in the future, but in a broad sense, he is expected to repeat the claim that it is not subject to judicial review as an act of governance or that the emergency martial law itself has no purpose of national constitution and is only a warning.
In particular, even if the investigation records are sent to the Constitutional Court, it is expected to argue that the investigation records are not capable of evidence as they are investigated by an investigative agency that does not have the right to investigate, but it seems that a full-fledged dispute has only begun with the Constitutional Court.
[Anchor]
The execution of the first arrest warrant was suspended, in fact, a failure. Lawyer, which part will be the most important in the future? Please point out the variables.
[Jimin Yang]
As for the impeachment trial, the impeachment trial is in the process of proceedings, and the settlement of issues through the preparation date seems to have been completed. So, first of all, the first pleading date is scheduled to be held on January 14, so from then on, it seems that the two sides will continue to fight fiercely over the issues that have been sorted out. In criminal terms, the arrest warrant has been issued and the deadline is set for six days, so the Senior Civil Servant Corruption Investigations Unit will make every effort to succeed in executing such a warrant before the 6th anyway, and as part of such efforts, the head of the security and deputy head of the department seem to have been booked. So, it's the weekend from tomorrow, but nevertheless, from the perspective of the Senior Civil Servant Corruption Investigations Unit, it seems very likely that another arrest warrant will be made.
[Anchor]
The first hearing date was set on January 14th. It is reported that the second hearing date has been set on January 16th. Before that, the execution of arrest warrants and other variables are expected to continue. Will there be any impact on the date of the Constitutional Court's hearing?
[Park Sung-bae]
There may be an impact on the hearing date. If President Yoon's whereabouts are secured and an arrest warrant is issued, the Constitutional Court will receive the arrest warrant bill and the warrant issuing department itself. As the data shows that much of the criminal charges of the person involved in the case have been clarified, it does not seem to mean that the facts themselves are excluded from the entire impeachment bill. It is expected to immediately affect the impeachment trial of the Constitutional Court. The hearing preparation process was completed earlier than expected and the hearing date was immediately designated, but the second hearing date was designated at once. In principle, oral arguments are made in the case of an impeachment trial. Presidents of Yoon Suk Yeol are unlikely to attend the first hearing on the 14th, but from the second hearing date, the hearing process can be fully carried out only by the attendance of a lawyer. If President Yoon does not actively protest against the relatively simple and clear issue, he will not be able to rule out the possibility that the impeachment trial process will be concluded sooner than expected despite the claim.
[Anchor]
The attempt to execute an arrest warrant against President Yoon Suk Yeol is expected to take place tomorrow or the day after tomorrow, but today it started early in the morning. When do you think it is likely to happen between tomorrow weekend? [Yang Jimin] On the weekend, as we get closer to the daytime, the crowd will inevitably flock. So, from the point of view of the Senior Civil Servant Corruption Investigations Unit, it seems that there is a high possibility that they will try early in the morning to select a time when crowds are relatively low on weekends. Because it doesn't mean that you can enter the front of the official residence right away just because you try it, but you still have to go through the crowd, go through the first and second gates, and go to the front of the official residence, so it would be correct to expect that it will take several hours. That's why even if we try to execute it again on the weekend, it's likely that we'll try it from the morning around the same time.
[Anchor]
There is a concern that the situation of having to see a confusing situation will be repeated again, so what point is the Senior Civil Servant Corruption Investigations Unit considering?
[Park Sung-bae]
If there was no possibility of physical conflict, I would have been more daring to execute the warrant. However, as there is a possibility of physical conflict, the biggest goal in itself is to smoothly execute an arrest warrant in a situation where there is no wound or damage, whether it is the Senior Civil Servant Corruption Investigations Unit or the Security Service. It is likely that the police experience will not fully withdraw from the residence today. A number of police careers have been mobilized around the residence, and double and triple layers have been built through buses to prevent access to the general public, and it is highly likely that this career and bus shape will remain the same. There is a possibility that the arrest warrant will be executed again within a few days and the unexpected variables must be removed, and the Senior Civil Servant Corruption Investigations Unit will try to prevent a full-scale conflict between the security services. In order to prevent a full-scale conflict,
is in a situation where judicial proceedings are carried out quickly for some people, including the chief of security, and it is completely considered that there is no more damage.There is a high possibility that the warrant will be executed.
[Anchor]
I think there will be a little more intense conflict in the process of executing additional warrants. As you said, since it's the weekend, I think there will be more movement from citizens. I think this is also a part of concern.
[Jimin Yang]
I have no choice but to consider that as well. Because executing a warrant is the most important purpose and goal, but if someone is injured in the process, it may be difficult for the Senior Civil Servant Corruption Investigations Unit to avoid criticism, so it will be sensitive to that. In addition to injuries to ordinary citizens, there should be no such injuries not only to the security service, but also to the wonders or the military. Of course, it is wrong to block it, but it can be very problematic to penetrate it too hard, so it seems that you will be careful.
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